Watch CBS News

Federal Investigators: EPA Mine Spill Could Have Been Prevented

BILLINGS, Mont. (AP) - Government investigators squarely blamed the U.S. Environmental Protection Agency Thursday for a 3 million gallon wastewater spill from a Colorado gold mine, saying an EPA cleanup crew rushed its work and failed to consider the complex engineering involved, triggering the very blowout it hoped to avoid.

The spill that fouled rivers in three states would have been avoided had the EPA team checked on water levels inside the Gold King Mine before digging into a collapsed and leaking mine entrance, Interior Department investigators concluded.

The technical report on the causes of the Aug. 5 spill has implications across the United States, where similar disasters could lurk among the hundreds of thousands of abandoned mines that have yet to be cleaned up. Some estimates put the total cost of containing this mining industry mess at more than $50 billion.

animas river
Animas River (credit: La Plata County)

The report says the root causes of the Colorado accident began decades earlier, when mining companies altered the flow of water through a series of interconnected tunnels in the extensively mined Upper Animas River watershed.

EPA documents show its officials knew of the potential for a major blowout from the Gold King Mine near Silverton as early as June 2014. After the spill, EPA officials described the blowout as "likely inevitable" because millions of gallons of pressurized water had been bottling up inside the mine.

PHOTO GALLERY: Gold King Mine Tour

The Interior report directly refutes that assertion. It says the cleanup team could have used a drill rig to bore into the shaft from above, safely gauging the danger of a blowout and planning the excavation accordingly. Instead, the EPA crew, with the agreement of Colorado mining officials, assumed the shaft was only partially inundated.

"This error resulted in development of a plan to open the mine in a manner that appeared to guard against blowout, but instead led directly to the failure," according to engineers from Interior's Bureau of Reclamation, who spent two months evaluating the technical circumstances.

The blowout fouled rivers in Colorado, Utah and New Mexico, temporarily shutting down drinking water supplies and cropland irrigation.

The report stops short of assigning fault to any individuals, despite prior claims from EPA Administrator Gina McCarthy that it would determine fault and any negligence.

Gina McCarthy
EPA Administrator Gina McCarthy in Durango on Aug. 12 (credit: CBS)

A U.S. Army Corps of Engineers official whose review of the conclusions was included in the report expressed "serious reservations" over the EPA's failure to explain exactly how its communications broke down and why its officials were so insistent on starting work without more information about the complexities involved.

Richard Olsen, a senior geotechnical engineer with the Corps, also questioned why a change in the EPA field coordinator for Gold King led to an "urgency to start digging" even though another EPA official had expressed some uncertainty about the potential risks.

That second EPA official in July asked for an outside review of the agency's plans by one of the Bureau of Reclamation engineers involved in Thursday's report. A meeting between the EPA and the engineer had been scheduled for Aug. 14 - nine days after the blowout.

EPA officials pointed out that the mine plug already was leaking and could have eventually blown out anyway, and the Interior report acknowledged that this was possible.

EPA spokeswoman Nancy Grantham said the report "will help inform EPA's ongoing efforts to work safely and effectively at mine sites as we carry out our mission to protect human health and the environment."

A separate investigation into the spill is pending from the EPA Inspector General's Office.

Guidelines for cleaning up abandoned focus on details such as water sampling and treatment. Yet they have "little appreciation for the engineering complexity," and require but don't receive significant expertise, the Interior Department's 132-page report concluded.

Plugging abandoned or inactive mines has been common industry practice for more than a century. The report lists 31 mines across the U.S. where so-called bulkheads were installed since the 1950s to stem the flow of water into or out of a mine.

animas river
Animas River (credit: La Plata County)

With coal mines, monitoring and cleanups are funded in part by a fee companies pay, and costs are passed on to utility customers. No such arrangements exist for inoperative hard-rock mines, and that's a national problem, the report noted.

Given industry opposition to efforts to hold mine owners accountable, the cleanup has been left to a scattering of federal and state agencies, without common standards or even lists of the most problematic mines. The EPA has been left to prioritize cleanups with insufficient information and funding, the report said.

In the wake of the Gold King spill, EPA temporarily halted some work at 10 polluted mining complexes in Montana, California, Colorado and Missouri because of similar conditions.

Abandoned hard-rock underground mines are not subject to the same federal and state safety requirements other mining operations must follow, and "experience indicates that they should be," the report concluded.

"A collapsed flooded mine is in effect a dam, and failure must be prevented by routine monitoring, maintenance, and in some cases remediation. However, there appears to be a general absence of knowledge of the risks associated with these facilities. A comprehensive identification of sites, evaluation of the potential to fail, and estimation of the likely downstream consequences should failure occur, are good first steps in such an endeavor."

- MATTHEW BROWN, Associated Press

(© Copyright 2015 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.